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Disadvantages of a deed in lieu of foreclosure You will have to surrender your home sooner. You may not pursue alternative mortgage relief options, like a loan modification, that could be a better option. You'll likely lose any equity in the property you might have.
Also, in a deed, we need to have what's called the granting clause, which would be words of conveyance or transfer. Proper wording would be something like, ?I the seller, hereby convey and warrant this property to the buyer.? That would be sufficient words of conveyance.
Commonly referred to as the ?Granting Clause?, it identifies the grantor and grantee, and states that the property is being transferred between the two parties. Defines the interest or estate being conveyed and must agree with the words in the granting clause.
A quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed.
Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.
A habendum clause is section of a contract that deals with rights, interests, and other aspects of ownership given to one of the parties in land deals. In real estate leases, the habendum clause deals with the lessee's rights and interests.
At the end of the description, the deed will contain a ?being clause? which typically reads as follows: Being the same premises conveyed to the grantors by deed dated _______________ and recorded in Hampden County Registry of Deeds Book _________, Page __________.